What is Title III of the American With Disabilities Act?
In 1990, Congress enacted Title III of the Americans with Disabilities Act to prevent discrimination against disabled individuals by private entities operating public accommodations. Under Title III, all public facilities, including travel agencies, are required to provide both disabled and non-disabled customers with full and equal access to its services. The courts have expanded “access to services” to include access to a company’s websites, reasoning that website offers an extension of services provided by the company at its physical location. As such, if a travel agency operates a website that is inaccessible to blind customers that travel agency may be held liable under the ADA for discriminating against their disabled customers, just as if the agency prevented the customers from entering their physical place of business. Although plaintiffs cannot recover monetary damages in a Title III action, they can sue and obtain both an injunction and attorneys’ fees against an offending bu